Batu Sapi by-poll not ideal but law demands it: experts
Published on: Friday, October 09, 2020
By: FMT
.jpg "Batu Sapi by-poll not ideal but law demands it: experts")
Constitutional expert Prof Shad Saleem Faruqi (left) says only state of emergency will rule out a by-election while Malaysian Bar’s Andrew Khoo suggests Warisan be allowed to win seat uncontested.
PETALING JAYA: Despite an alarming number of Covid-19 cases in Sabah, lawyers say a by-election must be held if an incumbent dies but a health expert warns that new SOPs should be imposed to prevent another outbreak.This comes after Dewan Rakyat Speaker Azhar Harun said a by-election needed to be held for the Batu Sapi parliamentary seat in Sabah following the death of Warisan MP Liew Vui Keong.ADVERTISEMENT
Constitutional expert Prof Shad Saleem Faruqi told FMT that the federal constitution clearly stated that by-elections needed to be held when a seat was vacant unless the country was declared to be under an emergency.
“The constitution is above all other laws unless it is suspended during a state of emergency,” he said, adding that the rules for emergency were under Article 150.
Article 150 states that if the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the federation or any part thereof is threatened, he may issue a Proclamation of Emergency making a declaration to that effect.
Lawyer Muhammad Rafique Rashid Ali said the constitution demanded an election be held when a seat became vacant.ADVERTISEMENT
“It has to be held. A joint reading of Article 54 and Article 55(3) signifies a need to have the by-election,” he told FMT.
“Stringent health SOPs are needed but with a new voting mechanism in place. Whatever it is, the by-election is a must.”
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The Batu Sapi seat was won by Warisan’s Liew with a 4,619 majority in the 14th general election on May 9, 2018.
Liew died on Oct 2, and a by-election needs to be held within 60 days from the date the Election Commission declares the seat vacant.
Meanwhile, ex-deputy health minister Dr Lee Boon Chye said though it would not be ideal to hold a by-election during the Covid-19 pandemic, it was still necessary to have it.
Lee said the health ministry, therefore, needed to deploy as many officers as possible to ensure no one breached the SOPs during the by-election.
There are two aspects of enforcement, one to create awareness and the other to compound individuals failing to follow rules, he said.
“What is important is to be consistent in whatever they (authorities) decide to follow. There should not be any double standards in enforcing rules between the rakyat and politicians.
“If SOPs are followed, then there should not be any fear (in holding the by-election),” Lee said.
“After all, the highest risk areas are Covid-19 hospital wards but there has been no transmission from any of them as the SOPs were strictly followed,” he said in giving an example of how full compliance does help to stem the spread of the virus.
Meanwhile, lawyer Andrew Khoo urged political parties to stay out of the coming Batu Sapi polls and allow a Warisan candidate to take the seat uncontested for the sake of the health and safety of the electorate in the constituency, which is located in Sandakan.
The Bar Council’s constitutional law committee co-chair said a Warisan candidate winning uncontested would preserve the status quo in Parliament.
Khoo said politicians from both sides of the divide should put aside their differences to show they care about the Covid-19 surge currently faced by the rakyat.
“By not contesting the seat, it will do away with the need for campaigning and voting, and will very likely help prevent the spread of Covid-19.Stay up-to-date by following Daily Express’s Telegram channel.
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